140/485/EAD When to apply?

[freebird901]

Hi! Just wanted some advice based on my situation.

My PERM just got approved yesterday (EB-2, Boston, Statistical Analyst, MS). It was filed Sep 28th so it took about 3 weeks.

I am from Sri Lanka so my dates are still current. However, I am getting married in December and my wife will be here around mid-Jan on H-4. I am worried that my dates will also retrogress if I wait till Jan to apply.

I want my wife to get her EAD so she is allowed to work . Anyone have any suggestions on what I should do? Should I just wait till Jan? Any other options?

Also, I have 3 more years on H1-B. So should I apply for my EAD as well? If I remain on H1-B, is there some 6 month rule or something after which I fall into the "safe zone"? So after 6 months...in case I get laid off and I'm on H1-B, what happens?

 

[jllag1]

Hi! Just wanted some advice based on my situation.

My PERM just got approved yesterday (EB-2, Boston, Statistical Analyst, MS). It was filed Sep 28th so it took about 3 weeks.

I am from Sri Lanka so my dates are still current. However, I am getting married in December and my wife will be here around mid-Jan on H-4. I am worried that my dates will also retrogress if I wait till Jan to apply.

--> That can very well happen. If your app is ready, my suggestion would be to go ahead file your 140/485/EAD/AP concurrently. Your wife will still her H4 as long as you maintain H1 status. I don't see any issues there.

I want my wife to get her EAD so she is allowed to work . Anyone have any suggestions on what I should do? Should I just wait till Jan? Any other options?

--> If your PD does not retrogress before Jan, she can immediately apply for here 485/EAD/AP as soon as she lands here. Make sure you do your homework on that, like getting papers ready as much as you can. If your PD goes back, she will not be able to apply for her AOS, in which case, you need to maintain H1 status until she can file her AOS.

Also, I have 3 more years on H1-B. So should I apply for my EAD as well? If I remain on H1-B, is there some 6 month rule or something after which I fall into the "safe zone"? So after 6 months...in case I get laid off and I'm on H1-B, what happens?

--> Not sure what you mean. You should apply for EAD as well as AP when you apply for 485. The 6 month rule you mention is probably AC-21 law for changing jobs after your 485 is pending for more than 180 days. Does not apply to you right now.

MAKE SURE YOU DO NOT WAIT, APPLY FOR YOUR AOS AS SOON AS POSSIBLE.